The National Health Service (Pharmaceutical Services) Regulations 1992

Appeals

8.—(1) Where an FHSA has determined an application to which regulation 4(3) applied or made a decision whether or not to amend the premises named in the original application as mentioned in regulation 4(10), the applicant and any person who has been notified of the decision under regulation 7(1)(a)(ii) or regulation 7(2)(c) may appeal to the Secretary of State.

(2) Where an FHSA has determined an application to which regulation 4(4) applied, the persons who may appeal to the Secretary of State are—

(a) the applicant; and

(b) any person who—

(i) has been notified of the decision under regulation 7(1)(a)(ii) or regulation 7(2)(c), and

(ii) made representations to the FHSA in accordance with regulation 5(1) or (2).

(3) Where an FHSA refuses to allow an extension to the period within which an applicant is to notify the FHSA that he will commence the provision of services, as mentioned in regulation 4(9), the applicant may appeal to the Secretary of State.

(4) Any appeal under this regulation shall be made by sending to the Secretary of State a notice of appeal in writing within 30 days from the date on which the FHSA sent its decision to the appellant or, in the case of an appeal against a determination to which regulation 4(3) applied or a decision pursuant to regulation 4(10), such longer period as the Secretary of State may for reasonable cause allow.

(5) Where in determining an application, an FHSA has, pursuant to regulation 6(7), considered that application together with one or more other applications, any of the applicants and any of the persons mentioned in paragraph (1) or (2) may appeal against the determination of any of the applications, and where the Secretary of State receives appeals against two or more of the determinations, those appeals shall be considered together.

(6) Any notice of appeal made under this regulation shall contain a concise statement of the grounds of appeal.

(7) If the Secretary of State, after considering the notice of appeal, is of the opinion that it discloses no reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it.

(8) Unless paragraph (7) applies, the Secretary of State shall send a copy of the notice of appeal to the FHSA whose determination is appealed against and—

(a) in the case of an appeal to which paragraph (1) or (3) relates, to the persons mentioned in regulation 7(1)(a); or

(b) in the case of an appeal to which paragraph (2) relates, to the persons mentioned in regulation 7(1)(b).

(9) Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (8) may, within 30 days from the date on which the notice was sent to him, make representations in writing to the Secretary of State on the appeal.

(10) The Secretary of State may require an oral hearing before he determines the appeal.

(11) The Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal and to report to him on it.

(12) The procedure of any oral hearing shall be determined by the person or persons hearing the appeal.

(13) An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than 14 days before the date fixed for the hearing, to the appellant and to any person to whom a copy of the notice of appeal was sent under paragraph (8).

(14) The appellant and any person to whom a notice of the hearing is sent under paragraph (13) may attend the hearing and be heard in person or by counsel, solicitor or other representative, and the FHSA may be represented at the hearing by any duly authorised officer or member, or by counsel or solicitor.

(15) On determining an appeal under this regulation, the Secretary of State shall either—

(a) allow the appeal; or

(b) confirm the decision of the FHSA.

(16) The Secretary of State shall, as soon as practicable, send to the appellant and to any person to whom a copy of the notice of appeal was sent pursuant to paragraph (8) and who made representations under paragraph (9) notice in writing of his decision on the appeal and shall include in the notice a statement of his reasons for the decision and of his findings of fact.